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HomeMy WebLinkAbout01/26/05_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL AGENDA JANUARY 26, 2005 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting) 3. REPORTS/WORKSHOPS (15 mJn) Update on Capital Improvement Program Budget. (Staff presentation by Raul Rojas, Public Works Director) 4. CLOSED SESSION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: Bakersfield Citizens for Local Control v. City (Walmart- Panama/99 & Gosford Village projects) 2, Larry Molina, et al v. City, et al 3. Eugene Jackson v. City, et al 4. Grant D. Hoffman, et al v. City, et al 5. North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Govemment Code Section 54956.9 regarding significant exposure to litigation. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(E) of Government Code Section 54956.9 regarding significant exposure to litigation. RECONVENED MEETING - 6:30 p.m. 5. ROLLCALL 6. INVOCATION by Yvette Johnson, Pastor, St. Joseph Spiritual Temple 7. PLEDGE OF ALLEGIANCE by Cassandra Hines, 5th Grade Student, Norris Elementary School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS 10. 11. t2. (Ward 1) a. Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Darrell G. Cooper. Presentation by Councilmember Sue Benham of Mayor's Proclamation to Paula Manayan, proclaiming January 26, 2005, as "Dustin's Diner Day". Presentation by Mayor Hall of Proclamation to Elva Lopez, 2005 President of Kern County Hispanic Chamber of Commerce, proclaiming February 5, 2005, as "Kern County Hispanic Chamber of Commerce Day". PUBLIC STATEMENTS APPOINTMENTS One appointment to the Golden Empire Transit District, due to the expiration of term of Howard Silver, term expired January 6, 2005. Staff recommends Council determination. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 12, 2005 Council Meeting. Payments: Approval of department payments from December 31, 2004 to January 13, 2005 in the amount of $6,749,495.01 and self insurance payments from December 31,2004 to January 13, 2005 in the amount of $185,400.53. Ordinances: Adoption of Ordinance repealing Section 13.04.090 of the Municipal Code relating to Maintenance Districts - Council Powers (applicable state law). (First Reading 0~/12/05) Adoption of Ordinance adding Chapter 17.59 and amending Sections 17.04.045, 17.04.128, 17.04.322, 17.04.618, 17.08.070, 17.08.110 and 17.25.060 of the Municipal Code relating to wireless telecommunication facilities. (First Reading 0~/12/05) Adoption of Ordinance amending Sections 16.16.010E, 16.20.040, 16.20.060, 16.22.020 and 16.24.090 of the Municipal Code relating to maps, adding Section 16.52.050 to the Municipal Code relating to appeals of map application denials, and amending Section 17.14.070 of the Municipal Code relating to lot area. (First Reading 0~/12/05) Resolutions: Resolution approving Development Plan Review for a proposed tentative subdivision containing 316 lots for purposes of single family development, one lot for a private park, a retention basin on 81 acres zoned R-l/PUD (One Family Dwelling-Planned Unit Development) located on the east side of South Oswell Street and north of future Redbank Road. (ZC 04-1120/Project 03-0947) (Engineer: Mclntosh & Associates/Subdivider:ADH Corporation) 2 '12. (Ward 4) (Ward 1,2,3) h. (Ward 4,5,6,7) i. (Ward 3) (Ward 4) CONSENT CALENDAR continued g. Sewer Connection Fee Assessments: Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Kenneth E. and Shidey A. Spiker, 11306 Jenlee Avenue, to pay sewer connection fee in installments and notice of special assessment lien. Resolution confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debds and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolutions for annexation applications proposing proceedings for annexation of uninhabited territory to the City identified as: Annexation No. 466, consists of 103.74 acres located, north of Snow Road, generally between Allen Road and Calloway Drive. Annexation No. 474, consists of 14.5 acres located, south of McKee Road approximately 675 feet east of Wible Road. Annexation No. 476, consists of 178 acres located, south of Hosking Avenue approximately 1500 feet east of South Union Avenue. Annexation No. 479, consists of 79 acres, located south of Panama Lane, approximately 1,500 feet east of Buena Vista Road. Annexation No. 480, consists of 9.5 acres, located south of Johnson Road, generally east of Renfro Road. Annexation No. 483, consists of 97 acres, located south of Panama Lane, east and west of Old River Road. j. Assessment District No. 04-3 (Solera/Rio Vista): Resolution accepting petition and determining to undertake special assessment proceedings. 2. Resolution approving boundary map. 3. Resolution of Intention No. 1368. 4. Agreement with Wilson & Associates ($54,000.00) for assessment engineering. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, ($50,000.00) for legal services. Agreement with Pillsbury Winthrop, Disclosure Counsel, ($39,000.00) for legal services. Resolution adding territory, Area 1-53 (Reina, Old Farm SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. 12. (Ward 6) (Ward 6) (Ward 6) (Ward4) (Ward4) (Ward 4,7) (Ward 2) CONSENT CALENDAR continued Resolution adding territory, Area 2-29 (Wible, Barber West) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-29 (Kingman Cove, Grand Haven) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-30 (Woodmere, Diane) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Intention No. 1332 to add territory, Area 1-47 (Jewetta, Rio Bravo Canal SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. Drilling and Pump Testing oftwo (2) test domestic water wells (Stations CBK-45 and L-212): Resolution dispensing with normal bidding procedures due to urgent necessity for the preservation of life, health or property. 2. Accept bid to award contract to Bakersfield Well & Pump Company ($755,744.00). q. Changes to Salary Schedule and New/Revised Job Specifications: Amendment No. 14 to Resolution No. 122-01 approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Engineer III - Wastewater. Amendment No. 9 to Resolution No. 046-02 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Real Property Agent II. 3. New Job Specification: Engineer IIl-Wastewater 4. Revised Job Specification: Real Property Agent II Agreements: r. Tract Map and Improvement Agreements: Final Map and Improvement Agreements with Granite Pointe Estates, LLC, for Tract 6095 Phase 4 located north of Hosking Avenue and east of Wible Road. Final Map and Improvement Agreements with Fairways @ Riverlakes, L..P. for Tract 6050 Phase 2 located south of Norris Road and west of Coffee Road. s. Bakersfield Amtrak Track Inspection: Agreement with Niemeyer & Associates, P.C. ($115,000.00) for four year contract for track inspection services. Appropriate $20,000.00 Public Transit Funds to the Public Works Department's operating budget within the Amtrak Operating Fund. 4 12. (Ward 3) (Ward 4) (Ward 2) (Ward 4,7) (Ward 2) (Ward 4) (Ward 4) (Ward 1) CONSENT CALENDAR continued Agreement with Mclntosh & Associates ($295,000.00) to conduct design of a sewer trunk line and lift station from Plant 2, along Oswell Street to Redbank Road. Disclose Counsel for Assessment District Nos. 04-1 (Homestead/Cherry Hill/Olive Park III) and 04-2 (Brighton Park/Brighton Village/Stockdale at Allen Commercial/Cherry Hill): Amendment No. I to Agreement No. 04-122 with Pillsbury Winthrop (not to exceed $47,500.00) for legal services for AD 04-1. Agreement with Pillsbury Winthrop (not to exceed $39,000.00) for legal services for AD 04-2. Agreement with Union Pacific Railroad ($85,271.00) for improvement of the Baker Street and Jackson Street. Agreement to indemnify LAFCO for City Annexation No. 462, Proceeding No. 1391, u nin habited territory located in two areas - 1 ) At the southeast corner of Hosking Avert ue a nd South Union Avenue, and 2) Along the north side of Rosedale Highway, generally west of Henry Lane. Agreement with Delta Microlmaging ($30,000.00) for document file conversion to Laser Fiche or Micro Fiche format for the Development Services Department. y. Claims Administration Agreements: Agreement with Acclamation Insurance Management Services (AIMS) for workers' compensation claims management services ($239,595.00 for contract year one and $249,120.00 for contract year two). Agreement with Acclamation Insurance Management Services (AIMS) for general/auto liability claims management services ($49.00 per hour for contract year one and $50.00 per hour in contract year two). z. Blitz_ Renewal: 1. License Agreement with Flying Football, LLC. aa. Agreement with Mellon Healthcare Consultants - Name Change. bb. Amendment No. 1 to Agreement No. 01-140 with California Water Service Company for extraction, exchange and delivery of banked groundwater. Contract Change Order No. 5 to Agreement No. 03-315 with HPS Mechanical Inc., ($26,220.00, for a total contract amount of $4,013,462.39) for the 3 Million Gallon Water Storage Tank and Booster Pump Facility at CBK Station L-208 for the Water Resources Department. Bids: dd. Reject bids for the construction of McDonald Way Sewer and Lift Station. ea. Accept bid from Gibbs International ($106,886.47) for one (1) replacement three axle dump truck for the Street Maintenance Division of Public Works. 5 12. CONSENT CALENDAR continued Miscellaneous: ff. Appropriate $55,000.00 Transient Occupancy Tax (TOT) revenue to the Non-Departmental operating budget for the Convention and Visitors Bureau annual contract. Staff recommends adoption of Consent Calendar items a through ff.. 13. COUNCIL AND MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager pi 01/20/05 10:00am AGENDA HIGHLIGHTS JANUARY 26, 2005 COUNCIL MEETING REGULAR MEETING 5:15 p.m. WORKSHOP. The Public Works Director will give a short report on the status of capital improvement projects. CLOSED SESSION There will be a conference with legal counsel regarding five cases of existing litigation, and two items of potential litigation. CONTINUATION OF REGULAR MEETING - 6:30 p.m. There will be one appointment to the Golden Empire Transit District. CONSENT CALENDAR Payments Item 12b. Approval of Department and Self Insurance Payments from December 31. 2004 to January 13, 2005. which total $6,934,895.54. Included in this item is the claim for payment for the City's membership to the League of California Cities. Staff is recommending continuing membership, Resolutions Item 12f. Resolution Approvinq Development Plan Review for a Propqsed Tentative Subdivision Located on the East Side of South Oswell Street and North of the Future Redbank Road. The proposed PUD would allow the construction of 316 single-family residential units, one lot for a private park, and a retention basin on 81 acres. In November, 2004, the Planning Commission approved the tentative tract and recommended that the City Council app[ove the development plans. The development mirrors successful subdivisions the applicant has built to the north of this project. None of these actions were appealed. Item 12p. Drillinq and Pump Testinq of Two Domestic Water Wells in Northwest Bakersfield. The City experienced water quality problems in existing wells in this area, and needs to construct and place into operation two wells before the warm summer demand season. The resolution to dispense with the normal bidding procedures complies with the Municipal Code in declaring urgent necessity not only for the preservation of health and property, but fire safety services. Three acceptable bids were received. Staff recommends award to Bakersfield Well & Pump Co. in the amount of $755,744. Item 12q. Chanqes to Salary Schedule and New/Revised Job Specifications. The Public Works Director requested the creation of a new job classification entitled Engineer III - Wastewater. This position is being created to supervise the design and construction of the increasing number of wastewater capital projects. There is no budgetary impact. At the request of the Finance Director, the job specification for Real Property Agent II has been updated to reflect current standards. The salary has been increased to reflect community rates and provide a better applicant pool. Salary savings will cover the increased cost. CCAPE concurs with the proposed recommendation. Agenda Highlights Janua~ 26,2005 Page 2 Item 12t. Aqreement with Mclntosh & Associates to Conduct the Desiqn of a Sewer Trunk Line and Lift Station from Plant 2, alonq Oswell Street to Redbank Road in the amount of $295,000. In the current fiscal year, the City budgeted funds for planning and design of a northeast sewer trunk line interceptor which will serve northeast Bakersfield. Several brand new subdivisions located south of State Route 58 and east of Oswell Street were originally slated to be served by the County treatment plant. Staff has determined that rather than having these City subdivisions served by the County, and that a new sewer trunk line will soon be nearby, it was best to accelerate a portion of the trunk lines constructed to serve these tracts. The agreement provides design engineering services for the trunk line to the tracts in question. This is currently budgeted in the CIP and falls within the scope of work scheduled for this year. As a result, no appropriation is necessary. Item 12v. Aoreement with Union Pacific Railroad for Improvement of the Baker Street Railroad Crossinq at Union Pacific Railroad Tracks between Sumner Street and Jackson Street in the amount of $85.271. A part of the streetscape improvement will be the upgrading of the Baker Street crossing of the Union Pacific tracks, which includes resurfacing the street to provide a smooth transition over the tracks for vehicle traffic. The other street improvements, including new curbs, gutters, sidewalk and landscaping, will be incorporated into the construction contract to be awarded later this spring, and fully coordinated with the work authorized by this agreement with Union Pacific. Item 12y. Claims Administration Aqreements. The City's contracts with Acclamation Insurance Management Services (AIMS) for workers' compensation claims management services, and general/auto liability claims management expire soon. Staff received bids from eight adjusting companies for workers' compensation claims management services, and nine adjusting companies for general/auto liability claim management services. An oral board representing various departments interviewed four firms. Based on the proposals and interviews, staff recommends awarding both contracts to AIMS. AIMS has performed these services in an excellent manner the last seven years, was the lowest bidder for general/auto liability claims and the second lowest bidder for worker's compensation handling services. The workers' compensation cost difference was minimal and AIMS provides a higher level of staffing, as well as greater municipal experience than the lowest cost bidder. The committee also decided it was in the City's best interest to utilize one company for both services. Risk Management is preparing to distribute a separate Request for Proposal for Workers' Compensation cost containment Services, including Bill Review, Utilization Review and Nurse Case Management and will be bringing recommendations on those services to Council for approval at a later meeting. Item 12z. License Aqreement between FIyinq Football1 LLC, SMG and the City to ooerate the Bakersfield Blitz at Centennial Garden. Flying Football, LLC will operate the Blitz football team through 2006. They will receive a $2,000 credit per game for the first 7 games of the 2005 regular season. The City and/or SMG are entitled to 2 six-foot by nine-foot turf squares for the purpose of facility name recognition. Item 12bb. Amendment No. 1 to Aqreement No. 01-140 with California Water Service Company fo~' Extraction, Exchanqe and Delivery of Banked Groundwater. in order to meet water service demands in the Kernville area, California Water Service (Cai Water) withdraws water directly from the Kern River at a point in Kernville, and a like amount of Cai Water banked water is then transferred to the City's own account in the 2800 Acres. Due to groundwater concerns in the Kernville area, Cai Water requests an increase in the amount available for transfer from 500 acre-feet to $1,000 acre-feet annually. This amendment will also allow sale of Kern River water to Cai Water in times of high flows and when the City has met all of its delivery obligations. The Water Board approved this amendment and recommends Council approval. Item 12cc. Contract Chanqe Order No. 5 to Aqreement No. 03-315 with HPS Mechanical Inc., for the 3 Million Gallon Water Storaqe Tank and Booster Pump Facility at the corner of Coffee and Norris Roads in the amount of $26,220, for a total contract amount of $4.013.462.39. The booster station was to tie in to a developer-installed 12" waterline in Coffee Road. It needs to be tied in now to meet the increasing demands in the area. Agenda Highlights January 26, 2005 Page 3 Bids Item 12dd. Reiect bids for the Construction of McDonald Way Sewer and Lift Station. This project consists of the construction of sewer mains, laterals, and a sewer lift station to provide sewer service to the 256 houses in existing Tracts 1750, 1751, and 1753. The project is funded entirely with Sewer Enterprise Funds which will be reimbursed by property owner fees when the owner connects to the sewer service. A Planned Sewer Area (PSA) was created to establish the reimbursement procedure and amount. Based on the Engineer's estimate, the reimbursement amount was set at $4,579.45, which is due only when the property owner chooses to abandon his/her existing septic system and connect to the sewer line. The property owner will also be required to pay the sewer connection fee which is currently $2,500.00. The total of these fees would be $7,079.45. Staff received bids from three of the fourteen pre-qualified bidders, which were all significantly higher than the Engineer's. As a result, staff discussed revising the reimbursement amount so that the Sewer Enterprise fund would be properly replenished. Staff then realized that few, if any, of the property owners would be able to afford the imposed fees. Also, connection to the sewer line is at the property owner's discretion, so the City might never be able to reimburse the Sewer Enterprise Fund. Staff therefore recommends that the project be re-evaluated in regards to other funding sources and be re-advertised once additional funding is identified and allocated. Item 12ee. Award Contract to Gibbs International for One Replacement Three Axle Dump Truck for the Street Maintenance Division of Public Works in the amount of $106,886.47. Five acceptable bids were received. Staff recommends award to Gibbs International. Miscellaneous Item 12ff. Approoriate $55,000 Transient Occupancy Tax Revenue to the Non-Departmental Operatin(3 Budqet for the Convention and Visitors Bureau Annual Contract. The current agreement provides that the Greater Bakersfield Convention and Visitors Bureau (CVB) will receive 11% of the actual Transient Occupancy Tax revenues realized by the City. The 2004/05 Adopted Budget estimated $6.0 million in revenues. The revised estimate, based on actual revenues through December, 2004, is $6.5 million. The increase to the CVB is $55,000. Approved: John W. Stinson, Assistant City Manager Department Heads Rhonda Smiley, Administrator / PR City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Workshop ITEM: ,~, TO: Honorable Mayor and City Council APP. ROVED FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD //~'(/ DATE: January 19, 2005 CITY ATTORNEY C/~/'~'~ CITY MANAGER SUBJECT: Update on Capital Improvement Program Budget RECOMMENDATION: BACKGROUND: The Public Works Director will present a mid year report on the capital improvement program. January 19, 2005, 8:19AM ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Closed Session ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney January 20, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Conference with Legal Counsel -- Existing Litigation APPROVED Closed session pursuant to subdivision (a) of Government Code section 54956.9. · Bakersfield Citizens for Local Control v. City of Bakersfield Walmart - Panama~99 & Gosford Village projects KCSC Case No. 249668-KCT & 249669-KCT 5~ Appellate Case No. F044943 · Larry Molina, et al v. City of Bakersfield, et al USDCI Eastern District, Case No. CIV-F-04-6420 OWW TAG · Eugene Jackson v. City of Bakersfield, et al. USDC, Eastern District1 Case No. CIV-F-03-6111 OWW TAG · Grant D. Hoffman, et al vs. City of Bakersfield, et al KCSC Case No. 2465360-SPC · North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al, Tulare Superior Court Case No. 96-172919 VG:do S:\COUNCIL\CI Sess~Admins',04-05\01-26-05ExJstflt. Walmartdoc.dot MEETING DATE: January 26, 2005 ADMINISTRATIVE REPORT AGENDA SECTION: Closed Session IITEM H.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney January 20, 2005 DEPARTMENT HEAD CITY ATTORNEY ~ CITY MANAGER ~ APPROVED Conference with Legal Counsel -- Potential Litigation Significant exposure to litigation pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9 VG:do S:\COUNCIL\CI Sess~Admins\04-05\01-26-05 PotentiaJOIS.doc 1/20/2005 ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Closed Session ITEM: ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney January 20, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER.. APPROVED Conference with Legal Counsel -- Potential Litigation Significant exposure to litigation pursuant to subdivision (b)(1)(3)(E) of Government Code section 54956.9 - one case VG:do S:\COUNCIL\CI Sess~,dmins\04-05\01-26-05 Potential.doc 1/20/2005 ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Presentations ITEM: d~. 0~, TO: Honorable Mayor and City Council ~ :\~'/ .APPROVED FROM: Carroll Hayden, Human Resources Manager~/ DEPARTMENT HEAD ~/.//~ DATE: December 21, 2004 CITY ATTORNEY N/A CITY MANAGER SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Darrell G. Cooper RECOMMENDATION: BACKGROUND: Mayor Hall will make presentations to: Darrell G. Cooper, Battalion Chief, Bakersfield Fire Department, for 30 years of service to the City of Bakersfield. 12J21/2004 S:~Karen~Adrnin Reports\Cooper Retiree Presentation.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Presentations ITEM: Cl. b, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 12, 2005 DEPARTMENT HEA P~~li!~f~ CITY ATTORNEY CITY MANAGER ~ Presentation by Councilmember Sue Benham of Mayor's Proclamation to Paula Manayan, proclaiming January 26, 2005, as 'Dustin's Diner Day". RECOMMENDATION: BACKGROUND: ndw January 12.2005, 12:42PM S:~MAYOR~ADMIN'~DUSTINS DINER DAY.dot ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Presentations IITEM <~.C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall January 14, 2005 ,,~OVED DEPARTMENT HEAD~_ CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Elva Lopez, 2005 President of Kern County Hispanic Chamber of Commerce, proclaiming February 5, 2005, as NKern County Hispanic Chamber of Commerce Day". RECOMMENDATION: BACKGROUND: ndw January 14, 2005, 11:10AM S:V~/IAYOR~ADMIN~KC HISPANIC CHAMBER DAY.dot ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Appointments ITEM: II. 0.., TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk January 18, 2005 APPROVED DEPARTMENT HEAD~.~~ CITY ATTORNEY CITY MANAGER One appointment to the Golden Empire Transit District Board due to the expiration of term of Howard Silver, term expired January 6, 2005. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: One appointment to the Golden Empire Transit District Board due to the expiration of term of Howard Silver, whose term expired January 6, 2005. The news release for this recruitment was posted on December 6, 2004. Applications to fill the expired term have been received from: · Howard Silver · Curtis Bond The Golden Empire Transit District Board supervises and regulates transit facilities owned, operated or controlled by the district, including establishment of rates, rentals, charges and classifications, enforcement of regulations, contracts, practices and schedules. City representatives are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their 4-year term. Meetings are held the first and third Tuesdays of each month at 5:45 p.m. in the District Board Room at 1830 Golden State Avenue. January 18, 2005, 12:05PM S:\Sds&Comrn~GETD~Admin Jan 05.dot ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk January 14, 2005 APPROVED DEPARTMENT HEAD~) CITY ATTORNEY CITY MANAGER Approval of minutes of the January 12, 2005 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: [<~. IQ. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 13, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNE~ CITY MANAGER Approval of department payments from December 31, 2004 to January 13, 2005 in the amount of $6,749,495.01 and self insurance payments from December 31, 2004 to January 13, 2005 in the amount of $185,400.53. RECOMMENDATION: Staff recommends approval of payments totaling $6,934,895.54. BACKGROUND: Included for payment with the attached claims is the payment for the City's membership to the League of California Cities. Council previously requested a cost/benefit analysis of the City's membership in the League. Staff has provided a memo with information regarding the various benefits and costs of League membership. Additionally, League membership would be required for the city to participate in the VLF Gap Loan program to fund road repairs. Staff is recommending continuing membership in the League of California Cities. klg January 14, 2005, 1:21PM S:\KimG\Forms & Lables~ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 JAGENDA SECTION: Consent Calendar ITEM: H)., TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney January 13, 2005 APPROVED DEPARTMENT HEAD city A ORNEY CITY MANAGER Ordinance repealing Section 13.04.090 of the Bakersfield Municipal Code relating to Maintenance Districts - Council Powers - Applicable state law. RECOMMENDATION: Staff recommends adoption of this ordinance. BACKGROUND: Chapter 13.04 of the Bakersfield Municipal Code sets forth the procedures to be followed for the establishment of maintenance districts and for the adoption of the annual maintenance district budget. The City's Consolidated Maintenance District was formed and its annual budget approved under this chapter. When this local ordinance was originally adopted (1980), the maintenance district provisions of the Improvement Act of 1911 (Cal. Streets & Highways Code §§ 5820 et seq.) were adopted as part of the maintenance district formation procedure. However, the state law provisions have been rendered unnecessary in light of the passage of Proposition 218 and the resulting state legislation that implemented Prop. 218 (Govt. Code §§ 53750 et seq.). Therefore, because the reference to state law found in Bakersfield Municipal Code Section 13.04.090 is unnecessary, staff is recommending that this section be repealed. Reference has already been made in Chapter 13.04 to the applicable provisions of state law that govern the notice requirements. This ordinance had first reading on January 12, 2005. RMS:Isc S:\COU N CIL~,Admins\04~5 Adrnins\13.04.090Repea12.doc January [3, 2005- 10:36 AM ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM NO: t~.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 4, 2005 APPROVED DEPARTMENT HEAD .~ CITY ATTORNEY ~ CITY MANAGER ~ Adoption of Ordinance adding Chapter 17.59 and amending Sections 17.04.045, 17.04.128, 17.04.322, 17.04.618, 17.08.070, 17.08.110, and 17.25.060 of the Municipal Code relating to wireless telecommunication facilities. (Citywide) RECOMMENDATION: Staff recommends adoption of this ordinance. BACKGROUND: First reading of this ordinance was given by the City Council on January 12, 2005. The issue concerning wireless telecommunication towers was initially discussed by the Planning and Development Committee of the City Council on April 26, 2004 with direction to staff to prepare a draft ordinance. That draft was reviewed by the Committee at their meetings held on August 16 and October 11, 2004. It was then forwarded to the Planning Commission for hearing and recommendation. The Planning Commission held a public hearing on November 18, 2004 and voted unanimously to forward the ordinance to the City Council for adoption. They made only one change to the draft forwarded by the Planning and Development Committee by adding added item M. to Section 17.59.030. This item permits the approving authority (ie. Planning Director, BZA, Planning Commission, or City Council) to require landscaping as necessary to further screen or aesthetically enhance telecommunication facilities as it relates to adjacent development. The Commission also considered comments received from some telecommunication companies but no further amendments were made other than some section numbering corrections. The new ordinance encourages companies to configure their wireless communication antenna and tower facilities to minimize visual effects upon the skyline. It emphasizes improving design and overall aesthetics of antenna monopoles. Antennas that are camouflaged as trees, architecturally incorporated into existing buildings, or completely concealed inside building structures such as steeples, will be permitted through an administrative review by the Planning Director. Antennas that do not incorporate any concealment, such as the typical silver monopole with a large array on top or lattice towers, will be required to be reviewed through a public hearing by the Board of Zoning Adjustment. The ordinance also addresses setbacks from property lines and other antennas and towers, establishes a consistent height limit sensitive to the surrounding natural setting, encourages co-location of facilities (through greater separation of antennas), screening of associated equipment, and the use of "best-technology" stealth designs. ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Dev. Services Dir. January 13, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Ordinance amending Bakersfield Municipal Code Sections 16.16.010E, 16.20.040, 16.20.060, 16.22.020, 16.24.090 relating to maps, adding Section 16.52.050 relating to appeals of map application denials, and amending Section 17.14.070 relating to lot area. RECOMMENDATION: Staff recommends adoption of this ordinance. BACKGROUND: Chapter 16 of the Bakersfield Municipal Code deals with subdivisions. This ordinance provides for uniform numbering of phases or units on final tract maps and final parcel maps, establishes notice requirements and exceptions pertaining to drill sites and mineral dghts, and provides an appeal process for tentative subdivision map applications rejected as incomplete. The amendment to Section 17.14.070 simply corrects a reference to another Municipal Code section. This ordinance had first reading on January 12, 2005. ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent ITEM: t~..-Fr-. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 11, 2005 APPROVED DEPARTMENT HEAD c,,., ATTORNEY CITY MANAGER DEVELOPMENT PLAN REVIEW - PLANNED UNIT DEVELOPMENT FOR ZONE CHANGE 04-1120 (PROJECT NO. 03-0947) Resolution approving Development Plan Review for a proposed tentative subdivision containing 316 lots for purposes of single family development, one lot for a private park, a retention basin on 81acres zoned R-l/PUD (One Family Dwelling-Planned Unit Development) located on the east side of South Oswell Street and north of future Redbank Road. (Engineer- Mclntosh & Associates/Subdivider-ADH Corporation) (Ward 1) RECOMMENDATION: Adopt the resolution approving the P.U.D. Development Plan for Zone Change 04-1120. BACKGROUND: The proposed Planned Unit Development (PUD) would allow the construction of 316 single family residential units. The development plan was submitted in conjunction with Vesting Tentative Tract No. 6297. ©n November 4, 2004, the Planning Commission approved the tentative tract and recommended that the City Council approve these development plans. In August of 2004, the City Council approved General Plan Amendment/Zone Change No. 03-1539, which changed the Land Use designations on the site from Agriculture to Low Density Residential. The development mirrors successful subdivisions the applicant has built to the north of this project. None of these actions were appealed. The development plan (Exhibit "C") depicts the following: A. 316 lots for single family homes: 1. Average lot size is 62.5 feet wide by 101 feet deep (6,312 square feet). 2. Floor plans depict square footage of homes ranging from 1,317 to 1,725 square feet. 3. Five one-story models and one, two-story model. 4. Reduced front yard setback from 25 feet to 20 feet (Other setbacks to City standard). B. 1 lot for a 0.91 acre family park located in Phase 3 of the tentative tract, which is generally located in the center of the subdivision includes the following. ADMINISTRATIVE REPORT Page 2 1. 6 picnic tables/benches. 2. A trellis area with 4 barbecues and picnic table/benches. 3. Open play field. 4. Landscaping with turf, shrubs and trees. C. Private gated streets with alternate street design. A homeowner's association will be created to maintain common areas. Perimeter subdivision walls along South Oswell Street, Redbank and South Sterling Road proposed as smooth-faced wall, split-face pilaster typically every 75-feet, one course of split face block near top of wall, and split-face cap. This is the same design as the wall for Tract 6140 and 6232 located north of the project site. The Planning Commission unanimously approved this development plan on November 4, 2004 as they found the proposal met all minimum development standards and appropriate mitigation measures imposed by GPA/ZC 03-1539 as approved by the City Council. No comments either in support or opposition were presented as part of the record. Since the proposal satisfies all required conditions and mitigation, the Planning Commission has recommended that this development plan be approved. JE ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 30, 2004 SUBJECT: Sewer Connection Fee Assessments (Ward 4) 1. AGENDA SECTION: Consent Calendar ITEM: [&'5' DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Kenneth E. and Shirley A. Spiker, 11306 Jenlee Avenue, to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: The owner of property at 11306 Jenlee Avenue has connected his property to the City sewer system. The owner has claimed that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee the City has contracted with the property owner to spread the connection fee over a three (3) year period to be collected with their property taxes in accordance with Municipal Code Section 14,12.390.B. This resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. dc December 30, 2004, 8:57AM G:\GROUPOAT~ADMIN RPT~2005\01-26\11306_Jenlee.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent ITEM TO: FROM: DATE: Honorable Mayor and City Council Development Services - Building January 14, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Wards 1, 2 and 3) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on January 10, 2005, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject proper[les are listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 801 Collins Way 019-041-07 $ 440.00 2. 607 - 609 S. Haley St. 019-102-16 $ 995.00 3. 3608 Horne St. 172-091-27 $ 395.00 4. 129 Northrup St. 018-320-19 $ 495.00 5. 917 P Street 009-162-07 $ 470.00 6. Lot East of 904Watts Dr. 170-221-01 $ 495.00 January 12, 2005, 8:54AM P:\admin report oct6bll.doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 2/Councilmember Benham 7. 1014 Lake St. 015-350-14 $ 895.00 8. 3120 18th St. 004-341-06 $ 1,095.00 Ward 31Councilmember MaR,qard 2918 Bucknell St. 021-052-12 $ 1,000.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. January 12, 2005, 8:54AM P:\admin repod oct6bll.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent ITEM: I~.i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 11,2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Resolutions for Annexation Applications proposing proceedings for annexation of uninhabited territory to the City of Bakersfield identified as: Annexation No. 466, consists of 103.74 acres located, north of Snow Road, generally between Allen Road and Calloway Drive. (Ward 4). Annexation No. 474, consists of 14.5 acres located, south of McKee Road approximately 675 feet east of Wible Road. (Ward 7). Annexation No. 476, consists of 178 acres located, south of Hosking Avenue approximately 1500 feet east of South Union Avenue. (Ward 7). Annexation No. 479, consists of 79 acres, located south of Panama Lane, approximately 1,500 feet east of Buena Vista Road. (Ward 6). Annexation No. 480, consists of 9.5 acres, located south of Johnson Road, generally east of Renfro Road. (Ward 4). Annexation No. 483, consists of 97 acres, located south of Panama Lane, east and west of Old River Road. (Ward 5). RECOMMENDATION: Staff recommends adoption of the resolutions. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. The proposed annexations are identified as Annexation No. 466 contains 103.74 acres, Annexation No. 474 is 14.5 acres, Annexation No. 476 consists of 178 acres, Annexation No. 479 contains 79 acres, Annexation No. 480 contains 9.5 acres and Annexation No. 483 consists of 97 acres of land. Each annexation is adjacent to the City limits and all are within the City's Sphere of Influence boundary. ADMINISTRATIVE REPORT Page 2 The property owners of each area have consented to annexation. The proposal is to annex the land and develop and receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." MO Admin\1-26-479-roa ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: I~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas, Public Works Director January 19, 2005 AP.PROVED /I/./ CITY ATFORNEY ~/ CITY MANAGER Assessment District No. 04-3 (Solera/Rio Vista): 0Nard 3) 1. Resolution accepting petition and determining to undertake special assessment proceedings. 2. Resolution approving boundary map 3. Resolution of Intention No. 1368. Agreement with Wilson & Associates ($54,000.00) for assessment engineering services. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, ($50,000.00) for legal services. Agreement with Pillsbury Winthrop, Disclosure Counsel, ($39,000.00) for legal services. RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreements. BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed assessment district. The proposed district has two distinct sub areas as follows: Solera: This sub area is located south of State Highway Rt. 178, west of Miramonte Drive, east of Alfred Harrell Highway and is planned for new residential development. It is proposed that the improvements for this sub area will be constructed by the developer (Pulte Home Corporation), with acquisition of the improvements upon completion. The improvements include construction of 24", 30" water line and a booster pump station for Tract 6149. Rio Vista: This sub area is located south of State Highway Rt. 178, east of Miramonte Drive and is planned for new residential development. It is proposed that the improvements for this sub area will be constructed by the developer (Pulte Homes Corporation), with acquisition of the improvements upon completion. The improvements include construction of 24", 30" water lines and a booster pump station for Tracts 5997 and 5998. PW:jas January 19, 2005, 12:44PM G:~GROUPDAT~,DMIN RPT~2005\01-26~AD04.3roi.doc ADMINISTRATIVE REPORT The primary motive for combining two sub areas into a single assessment district is to reduce the total costs of legal proceedings and bond financing, passing the savings on to the property owners. It is intended to provide financing for all improvements in a single bond issue. Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the Preliminary Engineer's Report and a formal Boundary Map. PW:jas January 19, 2005, 12:44PM G:\GROUPDAT~DMINRPT~2.005\01-26~AD04-3roi.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: IT.~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 13, 2005 APPROVED DEPARTMENT HEAD //~/~ CITY ATTORNEY CITY MANAGER Resolution adding territory, Area 1-53 (Reina, Old Farm SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 12, 2005 the Council adopted Resolution of Intention No. 1365 to add territory, Area 1-53 (Reina, Old Farm SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Tract No. 6234, Units 1, 2, 4 and 5. Area 1-53 is generally bounded by Reina Road on the north, Old Farm Road on the east, a line approximately 1320 feet south of Reina Road on the south and a line approximately 660 feet east of Allen Road on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with the subdivision map. mr ME) 1-53_Est ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: I~.[. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 13, 2005 APPROVED DEPARTMENT HEAD J//~j CITY ATTORNEY/~/~ CITY MANAGER ~ Resolution adding territory, Area 2-29 (Wible, Barber West) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 12, 2005 the Council adopted Resolution of Intention No. 1366 to add territory, Area 2-29 (Wible, Barber West), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map Waiver No. 04-0746. Area 2-29 is generally bounded by a line approximately 1320 feet south of White Lane on the north, Wible Road on the east, a line approximately 2150 feet south of White Lane on the south and a line approximately 1530 feet west of Wible Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. mr MD2-29_Est ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: I ~. ,~'~ · TO: Honorable Mayor and City Council ~VED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DAI~:.' .January 13, 2005 CI'I'Y ATIORN~:¥ ~ CITY MANAG£R ~ SUBJECT: Resolution adding territory, Area 3-29 (Kingman Cove, Grand Haven) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 12, 2005 the Council adopted Resolution of Intention No. 1359 to add territory, Area 3-29 (Kingman Cove, Grand Haven), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract Map No. 6226. Area 3-29 is generally bounded by a line approximately 1320 feet north of Hosking Avenue on the nodh, a line approximately 640 feet west of Highway 99 on the east, Hosking Avenue on the south and a line approximately 1300 feet west of Highway 99 on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. mr MD3-29_Est ADMINISTRATIVE REPORT IMEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: I~,~q · TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 13, 2005 .~PROVED DEPARTMENT HEAD ~1/ CITY ATTORNEY ~ CITYMANAGER Resolution adding territory, Area 3-30 0Noodmere, Diane) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 12, 2005 the Council adopted Resolution of Intention No. 1360 to add territory, Area 3-30 0Noodmere, Diane), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Parcel Map No, 10606. Area 3-30 is generally bounded by the Southern Pacific Railroad on the north, a line approximately 580 feet west of Lisa Marie Court on the east, a line approximately 580 feet south of Woodmere Drive on the south and a line approximately 190 feet west of Diane Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. mr MD3-30_Est ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 12, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Resolution of Intention No. 1332 to add territory, Area 1-47 (Jewetta, Rio Bravo Canal SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 0Nard 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from 01the owner of Tract No. 6127, Units 1 and 2 and Tract 6128, Unit 1 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping. Area 1-47 is generally bounded by Jewetta Avenue on the north, the east line of Section 36, T29S, R26E, on the east, the Cross Valley Canal on the south and the Rosedale-Rio Bravo canal on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, covenants have been recorded with the tract maps. mr January 12, 2005, 10:20AM MD1-47Ri05 ADMINISTRATIVE REPORT MEETING DATE January 26,2005 AGENDA SECTION: ITEM: [~, ~0 · Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Florn Core, Water Resources Manager January 14, 2005 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Ddlling and Pump Testing Two (2) Test Domestic Water Wells; Stations CBK-45 and L- 212 (Ward No.4) 1. Resolution Dispensing with Normal Bidding Procedures Due to Urgent Necessity for the Preservation of Life, Health or Property. 2. Accept bid and award contract to Bakersfield Well & Pump Co. for $ 755,744.00. RECOMMENDATION: Staff recommends approval of resolution, acceptance of bid and award of contract, BACKGROUND: The project is to drill and pump test two domestic water wells for the Domestic Water Division of Water Resources Department. The City has experienced sudden water quality problems in existing wells in the northwest area of the City and needs to construct and place into operation two wells before the warm summer demand season. The resolution to dispense with the normal bidding procedures is to comply with City Municipal Code in declaring urgent necessity for the preservation of life, health and property, in this case, the loss of water production capacity potentially jeopardizes the fire protection ability of the water system. Three (3) bids were received as follows: Bakersfield Well & Pump Co. 7212 Fruitvale Ave. Bakersfield, CA 93308 in the amount of $ 755,744.00 Layne Christensen Company. 11001 Etiwanda Ave. Woodland, CA 92337 in the amount of $ 950,925.00 Meyers Bros. Well Drilling, Inc. 8650 E. Lacey Blvd. Hartford, CA 93230 in the amount of $1,100,660.00 January 18, 2005, 12:49PM S:~005 ADMIN REPORTS\JA26WT02.CC.dOC ADMINISTRATIVE REPORT MEETING DATE: January 26, 2004 TO: FROM: DATE: AGENDA SECTION: Consent Calendar ITEM: (~.% Honorable Mayor and City Council A~ APPROVED Carroll Hayden, Human Resources Manager~/~ DEPARTMENT HEAD 7~. / January 5, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Changes to Salary Schedule and New and Revised Job Specifications Amendment No. 14 to Resolution No. 122-01 approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Engineer III - Wastewater Amendment No. 9 to Resolution No. 046-02 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Real Property Agent II 3. New Job Specification: Engineer III - Wastewater 4. Revised Job Specification: Real Property Agent II RECOMMENDATION: Staff recommends adoption of the resolutions and approval of the new and revised job specifications. BACKGROUND: Wastewater The Public Works Director has requested the creation of a new job classification entitled Engineer III - Wastewater. This position is being created to supervise the design and construction of the increasing number of wastewater capital projects. The salary will be set equivalent to the Civil Engineer III position. The Engineer III - Wastewater will underfill the vacant Wastewater Superintendent position. There is no budgetary impact as the salary range of Engineer III is lower than Superintendent. Real Property: At the request of the Finance Director, the job specification for Real Property Agent II has been updated to reflect current standards. The salary has been increased to reflect community rates and provide a better applicant pool. The increased cost will be covered through salary savings. CCAPE concurs with the proposed recommendation. The new and revised job specifications will be presented to the Miscellaneous Civil Service Board at their January 18, 2005 meeting. (jm) January 5, 2005, 10:37AM , "' S: \ADMINRPT\Job Specifications - WW & Real Property.dot ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: (2) Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 11, 2005 Tract Maps and Improvement Agreements DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER .ZvED Final Map and Improvement Agreements with Granite Pointe Estates, LLC, for Tract 6095 Phase 4 located north of Hosking Avenue and east of Wible Road. (Ward 7) Final Map and Improvement Agreements with Fairways @ Riverlakes, L. P. for Tract 6050 Phase 2 located south of Norris Road and west of Coffee Road. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: td These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED 1N THE CITY CLERK'S OFFICE FOR REVIEW. Janua~ 12, 2005, 4:41PM G:\GROUPDAT~ADMINRPT~2005\01-26\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: 1~.5. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director January 13, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITYMANAGER _~'~ Bakersfield Amtrak Track Inspection (Ward 2): 1. Agreement with Niemeyer & Associates, P.C. ($115,000) for four year contract for track inspection services. 2. Appropriate $20,000 Public Transit Funds to the Public Works Department's operating budget within the Amtrak Operating Fund. RECOMMENDATION: Staff recommends approval of Agreement and appropriation. BACKGROUND: The Bakersfield Amtrak Station includes approximately 6,500 feet of track with 5 switches that are owned by the City of Bakersfield. The Federal Railroad Administration (FRA) has determined that the City's track requires twice weekly inspections. FRA requires the owner of track to either have on staff or have a contract with an approved inspector. In December 2004, staff began the Qualification Based Selection process of selecting a consultant for this project. A Request for Qualifications and Fee Proposal (RFQ&P) was sent to 19 firms, resulting in submittals of Statements of Qualifications and Fee Proposals from four firms: Niemeyer & Associates, P.C. (Ringwood, IL); United States Railroad Services, Inc. (Vista, CA); So Pac Rail, Inc. (Torrance, CA); and Industrial Railways Company (Pinole, CA). As a result of reviewing those submittals, staff recommends that the inspection Consultant Agreement for this project be awarded to Niemeyer & Associates, P.C. based on their combination of qualifications and fee proposal being the most favorable to the City. These costs are reimbursable under the Public Transit Claim Funds as monitored by KernCOG. The appropriation amount reflects the amount needed for the remainder of this fiscal year. Subsequent budgets will include this item. January 14, 2005, 10:22AM G:\GROUPDAT~ADMINRP'F~2005\01-26\ AMTRAK Inspection. Nierneyer ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: [~ ,J~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 14, 2005 APPROVED DEPARTMENT HEAD (;;~2..~ f~ //' - ' C TY MA.AGER Agreement with Mclntosh & Associates, $295,000, to conduct design of a sewer trunk line and lift station from Plant 2, along Oswell Street to Redbank Road. (Ward 3). RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: In the current fiscal year, the City budgeted funds for planning and design of a northeast sewer trunk line interceptor which will serve northeast Bakersfield. The study is currently in progress, which is being done by a local consulting firm. Several brand new subdivisions located south of State Route 58 and east of Oswell Street were originally slated to be served by the County treatment plant. These developments are adjacent to the proposed sewer trunk line which we are studying at this time. Staff has determined that rather than having these City subdivisions served by the County coupled with the fact that a new sewer trunk line will be nearby in the near future, it was best to accelerate a portion of the trunk lines constructed to serve these tracts. Originally the developer agreed to pay the much lower County connection fee of $900.00 per unit and was entitled through a "will serve" letter to do so. With the acceleration of the trunk line construction to serve these tracts, the developer has agreed to pay the City's higher fee, as well as his share of the trunk line cost. The attached agreement provides design engineering services for the trunk line to the tracts in question. This will allow the City to construct a portion of the tract earlier and serve City residents. This is a currently budgeted project in the CIP and falls within the scope of work scheduled for this year. As a result, no appropriation is necessary. Therefore, staff recommends approval of this design consultant services contract. January 14, 2005, 11:49AM G:\G R OUPDAT~AOMIN RPT~2005\01-26\Mclntosh_Sewer Trunkline.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney January 18, 2005 APPROVED DEPARTME.T .EAD CITY MANAGER Assessment District Nos. 04-1; 04-2: Agreements with Pillsbury Winthrop, disclosure counsel, for legal serVices: a. Amendment No. 1 to Agreement No. 04-122, not to exceed $47,500 (Ass't. Dist. 04-1) b. Agreement not to exceed $39,000 (Ass't. Dist. 04-2) RECOMMENDATION: Staff recommends approval of the Agreements. BACKGROUND: These are two agreements with Pillsbury Winthrop, disclosure counsel, for legal services on Assessment District Nos. 04-1 and 04-2. This Council previously approved Agreement No. 04-122 for disclosure counsel services for Assessment District No. 04-1 on May 26, 2004. Those Assessment District proceedings have been subject to a number of unanticipated delays, as well as additional disclosure events, including proposed or completed land sales that changed the roster of participating developers and merchant builders. As a result, Pillsbury Winthrop has been required to prepare several material revisions to the disclosure document for the bonds and as a result has incurred additional fees and expenses. This amendment increases the legal fees portion of the agreement to $45,000. However, as with all contracts for Assessment Districts, this amount is paid from Assessment District proceeds only and does not involve the expenditure of any City funds. The agreement for legal services for Assessment District No. 04-2 with Pillsbury Winthrop provides disclosure counsel services for that Assessment District. Council approved the initial assessment proceedings as well as agreements with the assessment engineer and bond counsel at its meeting of December 15, 2004. S:\COU NClL~Admins\04-05 Adrnins~illsburyWin~hrop.AD04-1.AD04-2.DisdosureCounsel.doc 1/18/2005 4:26 PM ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION Consent Calendar ITEM: I ~1., ~/, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 28, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY.~~ CITY MANAGER Agreement with Union Pacific Railroad for improvement of the Baker Street railroad crossing at Union Pacific Railroad tracks ($85,271.00), between Sumner Street and Jackson Street (Ward 2). RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Baker Street Streetscape, Phase II, a project from Truxtun Avenue to Jackson Street will improve this section of Baker Street to match the Jackson Street to Niles Street section completed last year. A part of the streetscape improvement will be the upgrading of the Baker Street crossing of the Union Pacific tracks. The project includes resurfacing the street to provide a smooth transition over the tracks for vehicle traffic. The other street improvements, including new curbs, gutters, sidewalk and landscaping, will be incorporated into the construction contract to be awarded later this spring, and fully coordinated with the work authorized by this agreement with Union Pacific. PW/ENGR.WGM December 28, 2004, 1:44PM G:\GROUPDAT1ADMINRPT~.005\01-26\Union Pacific RR Agreement Baker Street.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent ITEM: I~, W. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 7, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Agreement to Indemnify LAFCO for City Annexation No. 462, Proceeding No. 1391 uninhabited territory located in two areas as follows: at the southeast corner of Hosking Avenue and South Union Avenue, and along the north side of Rosedale Highway, generally west of Henry Lane. (Ward 4 and 7) RECOMMENDATION: Staff recommends adoption of the agreement. BACKGROUND: The Local Agency Formation Commission (LAFCO) is processing the annexations and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation areas. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owners of the annexation areas have all consented to annex their properties to the city. The annexation areas consist of approximately 41 acres near Hosking Avenue and 1.6 acres near Henry Lane. Both areas for the annexation are uninhabited. The property owners wish to annex the sites and develop in the city. The area at Rosedale Highway and Henry Lane is owned by the City and is developed as a city sump, which will remain. MO Admin\l-26~-62-agree ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services Department January 18, 2005 APPROVED DEPARTMENT HEAD CITY ATTORNEY ~"~"~ CITY MANAGER ~ Agreement with Delta Microlmaging for $30,000 for document file conversion to Laser Fiche or Micro Fiche format for the Development Services Department. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Development Services has funds budgeted in the Building Division operating budget for the on going conversion of building plans and specs into laser fiche format. Delta Microlmaging has completed all of the back file conversion of existing materials and has been addressing the conversion of new materials related to the ongoing construction activity that are submitted as part of the building permit process. MAD Admin\1-26-delta ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: I~1,, ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson Assistant City Manager January13,2005 Claims Administration Agreements APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1) Agreement with Acclamation Insurance Management Services (AIMS) for workers' compensation claims management services in the amount of $239,595 for contract year one, and $249,120 for contract year two. 2) Agreement with Acclamation Insurance Management Services (AIMS) for generar/auto liability claims management services in the amount of $49 per hour contract year one, and $50 per hour in contract year two. RECOMMENDATION: Staff recommends approval. BACKGROUND: The City's contract with Acclamation Insurance Management Services (AIMS) for workers' compensation claims management services expires on February 6, 2005 and the contract with AIMS for general/auto liability claims management expires on February 6, 2005. On October 21, 2004, a Request for Proposal was sent to 26 adjusting companies to solicit bids to provide adjusting services to the City of Bakersfield. The City received responses from eight adjusting companies for workers' compensation claims management services, and nine adjusting companies for general/auto liability claim management services. After a thorough review of the proposals submitted, the following firms were selected to participate in the oral review process: Acclamation Insurance Management Services (workers' compensation and general/auto liability), Hazelrigg Risk Management Services, Inc. (workers' compensation and general/auto liability), American Ali-Risk Loss Administrators (workers' compensation) and Gregory B. Bragg & Associates, Inc. (general/auto liability). The City's oral board consisted of the following staff: Ginny Gennaro, City Attorney, John Stinson, Assistant City Manager, Bryan Lynn, Assistant Police Chief, Brad Underwood, Public Works Operations Manager and Pat Flaherty, Risk Manager. The potential providers were assessed on their knowledge and experience in claims adjusting, with a special focus on claim handling for municipalities. Other pertinent factors were considered such as their knowledge and understanding of the workers' compensation system and how the recently enacted changes to State Workers' Compensation laws impact the City of Bakersfield. January 14, 2005, 2:01PM S:\Meg~.~,greern ents\R FP~ADMI N FORMdot meg ADMINISTRATIVE REPORT Based on the proposals submitted and the results of the oral interviews, staff recommends awarding the contracts to AIMS for both workers' compensation and general/auto liability claim management services. AIMS has performed these services in an excellent manner the last seven years. AIMS was the lowest bidder for general/auto liability claims handling services and the second lowest bidder for workers' compensation claims handling services. The difference in workers' compensation cost was not significant between the two lowest workers' compensation bidders and AIMS provides a higher level of staffing as well as greater municipal experience. The committee also decided it was in the best interest of the City to utilize one company for both workers' compensation and general/auto liability claims management services, if possible. Risk Management is preparing to distribute a separate Request for Proposal for Workers' Compensation Cost Containment Services, including Bill Review, Utilization Review and Nurse Case Management and will be bringing recommendations on those services to Council for approval at a later meeting. January 14, 2005, 2:59PM S:\Meg~Agreements\RFP~,ADMINFORM.dot ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar TEM: TO: Honorable Mayor and City Council ARP~OV, ED FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~/- DATE: January 18, 2005 CITY ATTORNEY CITY MANAGER License Agreement with Flying Football, LLC. SUBJECT: Blitz renewal 1. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: Flying Football, LLC and SMG acting on behalf of the City of Bakersfield agree that Flying Football, LLC will operate the Blitz Football team through 2006. Under 10.1 Flying Football, LLC will receive a two thousand dollar ($2,000.00) credit per game for the first seven (7) games of the 2005 regular season. Under 3.6 City and or SMG are entitled to two (2) six feet (6') by nine feet (9') turf squares for the purpose of facility name recognition. Attached is the agreement between the City, SMG and Flying Footballs, LLC. January 18, 2005, 11:27AM P:\Blitz Admin.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION Consent ITEM: I~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council AS APPROVED Carroll Hayden, Human Resources Manager~'DEPARTMENT HEAD _~,c,~--~ January 18, 2005 CITY ATTORNEY ./~'./~//-~ c TY MANAGER Agreement with Mellon Health Care Consultants - Name Change RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: This agreement came to you on October 20, 2004 for approval and was approved. However, between the time the contract was prepared and you approved it, Mellon had a name change. The change was from Mellon Human Resources & Investor Solutions to Mellon Consultants, LLC. This agreement reflects only the name change for the corporation. All previous terms and conditions under the original agreement remain. January 18, 2005, 2:41 PM S:',ADMINRP'r~vlelIon Contract, 2nd ver..dot ADMINISTRATIVE REPORT MEETING DATE January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: IL.bb. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Florn Core, Water Resources Manager January 12, 2005 APPROVED DEPARTMENT HEAD CITY ATFORNEY CITY MANAGER Amendment No. I to Agreement No. 01-140 for Extraction, Exchange and Delivery of Banked Groundwater with California Water Service Co. (Ward No.4 & Outside City Limits) RECOMMENDATION: The City Water Board recommends approval of the Amendment. BACKGROUND: California Water Service Co. (Cai Water) purchased banked groundwater from the OIcese Water District that is in storage in the City's "2800 Acres" banking facility. Cai Water owns and operates the Kernville Domestic Water System in Kernvilie, CA. Cai Water, under Agreement No. 01-140, has used its banked water to exchange for City Kern River water in order to meet the water service demands in the Kernville system. Cai Water withdraws water direct from the Kern River at a point located in Kernville and a like amount of Cai Water banked water is transferred to the City's own account in the "2800 Acres". Agreement No. 01-140 limited the quantity of water transferred to 500 acre-feet. Due to groundwater quality concerns in the Kernville area, Cai Water requested an increase in the quantity available for transfer from 500 to 1,000 acre-feet annually. The existing provisions of the Agreement remain, whereas Cai Water is to maintain a positive balance in its "2800 Acres" groundwater storage account at all times. At times of high flows on the Kern River and when the City has met all of its required and contractual commitments for delivery of Kern River water, a direct sale to Cai Water may be permitted under this agreement and amendment. Cai Water will continue to pay a fee of $55.00 (subject to annual adjustment to price index for commodities) to City for each acre-foot of water diverted or transferred to City. The City of Bakersfield Water Board reviewed this amendment to Agreement No. 01-140 at its special meeting of October 14, 2004. The Water Board approved the amendment and recommended approval by the City Council. FC January 11,2005, 4:17PM S:~005 ADMIN REPORTS~JA26WTO1.CC.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: I~. ~*.. · TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Fiorn Core, Water Resources Manager January 12, 2005 APPROVED DEPARTMENT HEAD c~-.. CITY ATTORNEY CITY MANAGER Contract Change Order No. 5 to Agreement No. 03-315 with HPS Mechanical Inc., ($26,220 for a total contract amount of $4,013,462.39) for the 3 Million Gallon Water Storage Tank and Booster Pump Facility at CBK Station L-208 for the Water Resources Department. (Ward No. 4) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: The construction of the City's 3 million gallon water tank and booster facility at the corner of Coffee Road and Norris Road is near completion. The booster station was to tie-in to a developer installed 12" waterline in Coffee Road. However the timing changed for the developer installation of the waterline. The booster station needs to be tied-in to the City's Domestic system now, to meet the increasing demands in the service area. This contract change order is to extend the 12" waterline and tie-in to the 3 million gallon water tank facility. The total for these changes is $26,220.00. Funds are available in the current budget. FC:bz S:~005 ADMIN REPORTS\ChangeOrder3millionGalTankFacility.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 ! AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council ~I~PROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD_ ; ~_ ..._..~, DATE: January 19, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: Reject bids for the Construction of McDonald Way Sewer and Lift Station (Ward 1) RECOMMENDATION: Staff recommends the rejection of bids, re-evaluate project scope of work and seek additional funding. BACKGROUND: This project consists of the construction of sewer mains, laterals, and a sewer lift station to provide sewer service to the 256 houses in existing Tracts 1750, 1751, and 1753. The project is funded entirely with Sewer Enterprise Funds which will be reimbursed by property owner fees when the owner connects to the sewer service. The purpose of the Sewer Enterprise Fund is to maintain and repair the existing sewer collection system and the treatment plants. In November / December 2004, a Planned Sewer Area (PSA) was created to establish the reimbursement procedure and amount. Based on the Engineer's estimate, the reimbursement amount was set at $4,579.45, which is due only when the property owner chooses to abandon his/her existing septic system and connect to the sewer line. The property owner will also be required to pay the sewer connection fee which is currently $2,500.00. The total of these fees would be $7,079.45. The City pre-qualified fourteen bidders for the project and received bids from three of the pre-qualified bidders as indicated below. The three bids received are significantly higher than the Engineer's estimate of $1,230,000. The apparent Iow bid is approximately $460,000 above the current budgeted amount of $1,127,297.00. This does not include an additional $95,000 required for construction engineering. The total additional funds required including contingency would be approximately $650,000. Since the Iow bid was higher than the Engineer's estimate, staff discussed revising the PSA reimbursement amount so that the Sewer Enterprise fund would be properly replenished. Staff then realized that few, if any, of the property owners would be able to afford the imposed fees (almost $7,100 with current PSA fees; over $7,200 if PSA revised based on Iow bid). Connection to the sewer line is at the property owner's discretion, so the City might never be able to reimburse the Sewer Enterprise Fund. Staff therefore recommends that the project be re-evaluated in regards to other funding sources and be re- advertised once additional funding is identified and allocated. Economic / Community Development Department staff will study the project area again to determine how many of the property owners might qualify for a loan which could be used for both house rehabilitation and payment of their PSA fees. In addition, staff will determine if a portion of the project qualifies for grant funding, such as Community Development Block Grant. RLT - PW/Engineering January 19, 2005, 11:33AM G:\GROUPDAT~ADMINRPT~2005\01-26\McDonald Sewer Project.doc ADMINISTRATIVE REPORT Page 2 On December 15, 2004, three bids were received as follows: HPS Mechanical, iNC. 3100 E. Belle Terrace Bakersfield, California 93307 (City) Griffith Company 1898 South Union Avenue Bakersfield, California 93307 (City) Sierra Cascade Construction, Inc. 1043 West Avenue M-4, Suite E Palmdale, California 93551 in the amount of in the amount of in the amount of $1,586,294.00 $1,995,000.00 $2,352,294.60 RLT - PW/Engineedng January 19, 2005, 11:29AM G:\GROUPDAT~ACMINRPT~005\01_26\McDonald Sewer Project.doc ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar TEM: TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 11, 2005 APPROVED DEPARTMENT H EAD.~.~~ CITY MANAGER SUBJECT: Accept bid from Gibbs International $106,886.47, for one (1) replacement three axle dump truck for the Street Maintenance Division of Public Works. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: follows: Bidder Invitations to bid were sent to thirty-six (36) vendors. Five (5) bids were received, as With 1% Sales Total Including Tax Tax Consideration Gibbs International 3525 Buck Owens Boulevard Bakersfield, CA 93308 Bakersfield Truck Center 8140 Golden State Avenue Bakersfield, CA 93380 (City) $106,886.47 $105,889.86 (County) $106,821.00 E M Tharp, Incorporated 15243 Road 192 Porterville, CA 93257 $117,923.52 Golden State Peterbilt 1450 South Union Avenue Bakersfield, CA 93307 Rush Truck Center 12985 Foothill Boulevard Sylmar, CA 91342 (City) $121,018.44 $119,890.07 $133,296.47 Purchasing Division KB:ljm P:~ADMIN~005 ADMIN\C05_0126_A_Three Axle Dump Truck.doc January 12, 2005, 8:19AM ADMINISTRATIVE REPORT MEETING DATE: January 26, 2005 AGENDA SECTION: Consent Calendar ITEM: ~.-Ft~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Department January 7, 2004 APPROVED DEPARTMENTHEAD c,Ty ^TTOR./ CITY MANAGER SUBJECT: Appropriate $55,000 Transient Occupancy Tax (TOT) revenue to the Non- Departmental operating budget for the Convention and Visitors Bureau annual contract. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: Agreement No. 02-076 with the Greater Bakersfield Convention and Visitors Bureau (CVB) for promoting the City provides the CVB will receive 11% of the actual TOT revenues realized by the City. The City's adopted 2004-05 budget includes 11% ($660,000) of the estimated $6.0 million revenues. The revised estimate of $6.5 million based on actual revenues through December 2004 exceeds the original estimate. The CVB's 11% of the $500,000 increase is $55,000 Staff proposes to formally increase the 2004-05 TOT estimate to $6.5 million and pay the CVB 11% in accordance with the contract. klg S:\Kim G\Gregory~Ad rnin -TOTRevApprop.doc MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JANUARY 12, 2005 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan (seated at 5:18 p.m.), Salvaggio Absent: None 2. PUBLIC STATEMENTS None. 3. CLOSED SESSION Closed Session pursuant to Government Code Section 54957.6; Conference with Labor Negotiator William Avery. Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to subdivision (b)(1)(C) of Government Code Section 54956.9 regarding claim submitted by Laura Karina Ruiz De Mesa. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: Bakersfield Citizens for Local Control v. City (Walmart - Panama/99 & Gosford Village projects) 2. Larry Molina, et al v. City Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 regarding significant exposure to litigation, Bakersfield, California January 12, 2005 - Page 2 Motion by Vice-Mayor Maggard to adjourn to Closed Session at 5:17p. m. Motion by Councilmember Hanson to adjourn from Closed Session at 6:32 p.m. RECONVENED MEETING - 6:40 p.m. 4. ROLL CALL Present: Absent: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner None. 5. INVOCATION by Ivory Pomhia, Pastor, St. Matthews Gospel Chumh. PLEDGE OF ALLEGIANCE by Jenna Bowman, 8~ Grade Student, St. Francis School. Mayor Hall recognized students from a Ridgeview High School Government class. 7. CLOSED SESSION ACTION ACTION TAKEN APPROVED APPROVED Closed Session pursuant to Government Code Section NAT 54957.6; Conference with Labor Negotiator William Avery. NO T HEA RD Conference with Legal Counsel - Pending Litigation; Closed Session pursuant to subdivision (b)(1)(C) of Government Code Section 54956.9 regarding claim submitted by Laura Karina Ruiz De Mesa. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding the following cases: Bakersfield Citizens for Local Control v. City (Walmart - Panama/99 & Gosford Village projects) 2. Larry Molina, et al v. City NAT 7o Bakersfield, California January 12, 2005 - Page 3 CLOSED SESSION ACTION continued ACTION TAKEN Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 regarding significant exposure to litigation. ***It should be noted that at the October 6, 2004 City Council Meeting, the City Council, in Closed Session, voted 6.0 (with Councilmember Hanson absent) to settle under certain terms and conditions the lawsuit known as: City of Bakersfield v. City of Shafter Kern County Superior Court Case No. s-1500.CV 253303 PUBLIC STATEMENTS Luther Cullins spoke regarding complaints against the Bakersfield Rescue Mission. Councilmember Benham and Vice-Mayor Maggard requested staff, particularly Fire and EDCD obtain contact information from Mr. Cullins and address his concerns. Additionally, staff to be provided a copy of a letter to Council from Mr. Cullins articulating his issues. Leon Thomas, Mike Saba and Andy Weinbach, with the Kern Veterans Memorial Park Committee, presented Councilmember Benham a plaque recognizing her contribution to their cause and acknowledged Interim Recreation and Parks Director Chdstensen and his Department for their efforts. Additionally, Mr. Thomas provided contact information for his organization. APPOINTMENTS Two appointments to the Keep Bakersfield Beautiful Committee due to the expiration of term of John Enriquez (Ward 6) and Sandra Garrigan (Ward 7), terms expiring December 2004. City Clerk McCarthy announced one application has been received for the vacancies. Councilmembers Scrivner and Sullivan requested this item be postponed. AGR 04-388 ABS HANSON Bakersfield, California January 12, 2005 - Page 4 APPOINTMENTS continued Appointments to the City Council Committees and other special Committees and Boards by Vice-Mayor Maggard 2005 - 2006. BUDGET & FINANCE Mike Maggard - Chairperson Harold Hanson Irma Carson WATER RESOURCES/BOARD David Couch - Chairperson Harold Hanson Zack Scrivner COMMUNITY SERVICES Jacquie Sullivan - Chairperson Sue Benham Irma Carson INTERGOVERNMENTAL RELATIONS Irma Carson - Chairperson Jacquie Sullivan Mike Maggard PLANNING AND DEVELOPMENT Sue Benham - Chairperson David Couch Mike Maggard LEGISLATIVE AND LITIGATION Zack Scrivner - Chairperson Sue Benham David Couch PERSONNEL Harold Hanson - Chairperson Zack Scrivner Jacquie Sullivan KERN COUNCIL OF GOVERNMENTS David Couch - Representative Mike Maggard - Alternate KERN ECONOMIC DEVELOPMENT CORPORATION Mayor Harvey L. Hall - Member ACTION TAKEN Bakersfield, California January 12, 2005 - Page 5 APPOINTMENTS continued KERN COUNTY MUSEUM AUTHORITY Mayor Harvey L. Hall - Representative SOLID WASTE MANAGEMENT ADVISORY COMMI'I-rEE Harold Hanson - Representative David Couch - Alternate PLANNING COMMISSION LIAISON Sue Benham Motion by Vice-Mayor Maggard to approve the slate of Committee appointments. CONSENT CALENDAR Minutes: Approval of minutes of the December 15, 2004 Council Meeting. Payments: Approval of department payments from December 3, 2004 to December 30, 2004 in the amount of $16,254,625.67 and self insurance payments from December 3, 2004 to December 30, 2004 in the amount of $587,246.30. Ordinances: First Reading of Ordinance repealing Section 13.04.090 of the Municipal Code relating to Maintenance Districts - Council Powers (applicable state law). First Reading of Ordinance adding Chapter 17.59 and amending Sections 17.04.045, 17.04.128, 17.04.322, 17.04,618, 17.08.070, 17.08.110 and 17.25.060 of the Municipal Code relating to wireless telecommunication facilities. First Reading of Ordinance amending Sections 16.16.010E, 16.20.040, 16.20.060, 16.22.020 and 16.24.090 of the Municipal Code relating to maps, adding Section 16.52.050 to the Municipal Code relating to appeals of map application denials, and amending Section 17.14.070 of the Municipal Code relating to lot area. ACTION TAKEN APPROVED FR FR FR Bakersfield, California January 12, 2005 - Page 6 CONSENT CALENDAR continued Adoption of Ordinance amending Chapter 5.14 of the Municipal Code relating to applications for and renewal of cabaret permits. Adoption of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 103-22) of Title 17 of the Municipal Code changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD zone on 7.5 + acres generally located on the southeast corner of Mount Vernon Avenue and State Highway 178 to allow a 49,983 square foot commercial shopping center. (Applicant: Mark Russell) (File No. 04-0903) Adoption of Ordinance adopting the negative declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-06 from a C-1 (Neighborhood Commercial) zone to a C-2 (Regional Commercial) zone on 0.61 + acres located on the southwest corner of Brundage Lane and South P Street. (Applicant: Nilda Muzinich) (ZC 04-1128) Resolutions: Resolution requesting the California State Legislature and Governor protect Proposition 42 state transportation funding in the next state budget. Resolution ordering Judicial Foreclosure of Delinquent Assessments in Assessment District No. 86-2A (Buena Vista). Assessment District No. 04-1 Homestead/Cherry Hill/Olive Park III): (Countryside/The Resolution approving form and substance of Preliminary Official Statement and Bond Purchase Contract. 2. Resolution determining assessments remaining unpaid. ACTION TAKEN ORD 4227 ORD 4228 ABS MA GGARD ORD 4229 RES 001-05 RESO0~05 RESO0~05 AGRO~OOf RES O04-05 3. Resolution authorizing issuance of bonds. RES 005-05 10. Bakersfield, California January 12, 2005 - Page 7 CONSENT CALENDAR continued I. Sewer Connection Fee Assessments: Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Luis R. and Magda P. Tello, 4196 Pandora Place, to pay sewer connection fee in installments and notice of special assessment lien. Agreement with Leonardo Rodriquez, Jr., 4909 Elysium Street, to pay sewer connection fee in installments and notice of special assessment lien. Resolution amending the boundaries of the City of Bakersfield Domestic Water Service Area. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Sections 34090 et seq. of the Government Code of the State of California (Finance Department). Resolutions of Application proposing proceedings for annexation of 29 acres of uninhabited territory to the City identified as Annexation No. 470 located along the north side of Taft Highway generally west of Stine Road; for annexation of 80 acres of uninhabited territory to the City identified as Annexation No. 471 located at the northwest corner of Allen Road and Kratzmeyer Road; and, for annexation of 37 acres of uninhabited territory to the City identified as Annexation No. 477 located east of Ashe Road, generally north and south of Taft Highway. Resolution adding territory, Area 1-51 (Gibson, Marriott SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 2-28 (McNair, Resnik SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. ACTION TAKEN RES 005-05 AGR 05-002 AGR 05-003 RES 007-05 RES 008-05 RES 009-05 RES 01005 RES 011-05 RES 012-05 RES 013-05 10. Bakersfield, California January 12, 2005 - Page 8 CONSENT CALENDAR continued Resolution adding territory, Area 3-27 (Buena Vista, Harris NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-28 (Progress, Panama Ln NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-15 (S. Oswell, Redbank NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 5-16 (Arkwood, Hosking NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Intention No. 1359 to add territory, Area 3-29 (Kingman Cove, Grand Haven) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1360 to add territory, Area 3-30 (Woodmere, Diane) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1365 to add territory, Area 1-53 (Reina, Old Farm SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1366 to add territory, Area 2-29 (Wible, Barber West) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ACTION TAKEN RES 014-05 RES 015-05 RES 016-05 RES 017-05 R011359 R011360 ROI 1365 R011366 10. Bakersfield, California January 12, 2005 - Page 9 CONSENT CALENDAR continued Ag~®men~: z. Tract Map and Improvement Agreements: Improvement Agreements with Castle & Cooke Commercial-CA, Inc., for Parcel Map 10834 located at the east end of McNair Lane. Final Map and Improvement Agreement with Pulte Home Corporation, for Tract 5998 located south of State Route 178 and east of Miramonte Drive. aa, Agreement with ChevronTexaco Exploration and Production Company and North Kern Water Storage District for discharge of oilfield wastewater into the Beardsley-Lerdo Canal System. bb. Agreement with Bakersfield Police Activities League, a non- profit, 501(c) (3) tax exempt organization, to purchase two (2) surplus copy machines from the City for $1.00 each for a total of $2.00. CC. Agreement with Kennedy Jenks Consultants ($100,000.00) for design of Domestic Water System Hydraulic Modeling for the City's Domestic Water System. dd. Agreement with Kronick Moskovitz Tiedemann & Girard (not to exceed $75,000.00) to provide legal services for the acquisition of offsite real property interest for Vesting Tentative Tract Map No. 6160, located on the east side of Miramonte Drive near Casa Club Drive. ee. Agreement with Jeff Ellis & Associates, Inc. (not to exceed $46,400.00) for the National Pool & Waterpark Lifeguard and Swim Instructor Training Programs. License Agreement with County of Kern for portion of County Communications Center on Panorama Drive for emergency communications trailer. gg. Bakersfield Municipal Airport: Ground Lease Agreement with Raul Sanchez for purposes of leasing an aircraft storage hangar. Ground Lease Agreement with John Mackessy for purposes of leasing an aircraft storage hangar. ACTION TAKEN AGR 05-004 AGR 05-005 AGR 05-006 AGR 05-007 AGR 05-008 AGRO~O09 AGRO~010 AGRO~011 AGRO~012 AGR0~013 10. Bakersfield, California January 12, 2005 - Page 10 CONSENT CALENDAR continued hh. Amendment No. 5 to Agreement No. 99-334 with Duane Morris, LLP ($135,000.00, total contract amount not to exceed $660,000.00) for legal service in the matter of North Kern Water Storage District v. Kern Delta Water District, et al. ii. Amendment No. 1 to Agreement No. 04-194 (novation) changing the responsible party from Coker EIIsworth, Inc. to Highland Knolls, LLC for construction of improvements to Tract 5696 located north of Highland Knolls and east of Fairfax Road. jj. White Lane at State Route 99 Ovemrossing Widening and Interchange Improvements: Amendment No. 3 to Agreement No. 03-236 with Parsons Brinckerhoff Construction Services, Inc. ($43,910.00, for a total contract amount of $440,457.00) for construction management services. Appropriate $50,000.00 Transportation Development Fund Balance to the Capital Improvement Budget. Bids: kk. Walking Floor Dump Truck Body: Accept bid from The Trailer Company ($38,872.76) for purchase and installation of one (1) walking floor dump truck body for the City's compost and recycling facility. Appropriate and transfer $38,900.00 Refuse Service Fund Balance from the Refuse Enterprise Fund to the Equipment Management Fund. I1. Accept bid to award contract to Gospich Construction Company ($108,804.00) to furnish and install equipment for River Oaks Park Playground Project. Miscellaneous: mm. Appropriate $125,000.00 in Asset Forfeiture Revenue in the General Fund to contribute half of the cost for an electron microscope to the County of Kern to be utilized in Bakersfield Police Department and Kern County Sheriff's Department investigations. ACTION TAKEN AGR 99-334(5) AOR o4-~94(~) AGR 03-236(3) AGR 05-0~4 10. 11. 12. Bakersfield, California January 12, 2005 - Page 11 CONSENT CALENDAR continued nn. Audit Reports for Fiscal Year Ended June 30, 2004: 1. Comprehensive Annual Financial Report (CAFR). 2. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures. 3. Independent Auditors Report - Compliance with contractual requirements relative to the Bakersfield Subregional Wastewater Management Plan. 4. Independent Auditors Report - Appropriations Limit Worksheet (GANN Limit). 5. Independent Auditors Report- Bakersfield Centennial Garden, Convention Center & Ice Sports Center. Motion by Vice-Mayor Maggard approve Consent Calendar items lO.a. through lO. nh. HEARINGS a. Public Hearing to consider Resolution adopting fees pursuant to the cost recovery system (fireworks permit fees). Finance Director Klimko made staff comments. Hearing opened at 7:02 p.m. No one spoke. Hearing closed at 7:02 p.m. Motion by Councilrnember Hanson to approve the Resolution. REPORTS/~VORKSHOPS a. Report on Vehicle License Fee Gap Financing Program. Assistant City Manager Stinson made a presentation and provided handouts. ACTION TAKEN APPROVED RES 018-05 APPROVED NAT 13. 14. Bakersfield, California January 12, 2005 - Page 12 NEW BUSINESS Memorandum of Understanding with County of Kern regarding apportionment of property tax revenue for annexations. City Manager Tandy made comments and presented an overview. Motion by Vice-Mayor Maggard to approve the Memorandum of Understanding. Resolution adopting City Council Policy regarding Park and Landscape Maintenance Districts. City Manager Tandy presented an overview. Motion by Vice-Mayor Maggard to adopt the Resolution setting City Council Policy regarding Park and Landscape Maintenance Districts. MAYOR AND COUNCIL STATEMENTS Councilmember Benham provided an update regarding the noise issue at Montgomery World Plaza and thanked PD staff Chief Rector, Assistant Chief Lynn and Capt. Tim Taylor, City Treasurer Perkins, City Attorney Gennaro, Chief Code Enforcement Officer Fidler and Building Director Leonard. Councilmember Benham provided an email from Carolyn Wade, at the County Department of Mental Health, expressing appreciation for the cooperation provided by the Bakersfield Police Department, and particularly Capt. Tim Taylor. Councilmember Benham requested staff solicit cooperation from the railroad regarding cleanup and repair of fence on Campus Way, across from Bakersfield High School parking near the tennis courts. Councilmember Benham requested the Planning and Development Committee address the improvement of planning, and provision of incentives regarding downtown redevelopment in order to insure the furtherance of Council goals such as mixed-use, awnings, open space, pedestrian friendly developments, public art and removal of barriers that might hinder achievement of these goals and generate interest among possible investors while reassuring property owners that the City will work to achieve these goals. ACTION TAKEN AGR 05-0t5 APPROVED RES 0'19-05 APPROVED ]2 14. Bakersfield, California January 12, 2005- Page 13 MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham congratulated Vice-Mayor Maggard on attaining the position and the Council on new Committee appointments. Councilmember Carson thanked Alan Christensen for the memo regarding the celebration of Dr. Martin Luther King, Jr. Day at Martin Luther King Center, on Saturday, January 15, 2005 at 2:00 p.m. and invited the public to attend various other community events honoring the day. Councilmember Hanson thanked City Attorney Gennaro for information regarding the graffiti Ordinance. Councilmember Hanson requested information regarding parking lot jurisdiction at local high schools. Police Chief Rector responded. Councilmember Hanson thanked Castle & Cooke for providing extensive median improvement and tree planting in the southwest. Councilmember Hanson requested information on the letter received regarding the ADA issues in Morro Bay. City Manager Tandy responded. Councilmember Hanson provided a letter from Mrs. Valdez and requested Public Works respond to the letter. Councilmember Hanson requested staff facilitate removal of five old vehicles parked on the street at the intersection of Angels Camp and Hornitos. Councilmember Couch requested staff address the traffic issue at Truxtun Extension and Coffee Rd. Councilmember Couch made comments regarding issuance of bonds. Councilmember Couch requested staff present a report on Community Facility Districts. Councilmember Couch requested staff investigate ways to assure the purchaser of the Shell Refinery, Flying J, continue to perform environmental clean up at the facility. Councilmember Sullivan requested staff continue to remind the community of the change in Council Meeting time from 7:00 p.m. to 6:30 p.m. ACTION TAKEN 13 14. Bakersfield, California January 12, 2005 - Page 14 MAYOR AND COUNCIL STATEMENTS continued Councilmember Sullivan noted the recent rain has adversely affected road repair service and will be providing a list of streets in need of pothole repair. Councilmember Sullivan made comments regarding the spread of graffiti and the need for stronger penalties to deter the spread. Councilmember Sullivan requested police increase patrol at Baker's Square Restaurant parking lot to reduce loitering. Councilmember Scrivner congratulated Mayor Hall on beginning his second term as Mayor. Councilmember Scrivner welcomed students in the audience to the meeting and encouraged those interested to investigate government internships. Councilmember Scrivner thanked staff for providing prompt response to referrals. Councilmember Scrivner requested an update regarding trains changing tracks during the 5:00 p.m. rush hour on Rosedale Hwy. City Manager Tandy responded. Vice-Mayor Maggard encouraged neighborhoods to partner with the City in an effort to combat the spread of graffiti. Vice-Mayor Maggard requested City Attorney's staff formulate policy to deal with the release of sexually violent predators in the community and provided an article from California Cities Magazine dealing with the issue. Vice-Mayor Maggard requested staff investigate ways to assure the safety of residents in the area of a new group home on Dorsett St. ACTION TAKEN 14 15, Bakersfield, California January 12, 2005 - Page 15 ADJOURNMENT Mayor Hall adjourned the meeting at 8:06 p.m. ACTION TAKEN MAYOR ~the City ~ Bakemfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California ]5